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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.
On August 2017, the Defendant came to know the victim C (bee 22 years of age) who is a disabled person of Grade III with intellectual disability through a game called "B," which was unregistered on August 2017, and was given D letters.
On August 20, 2017, the Defendant sent a DNA text message to the victim via mobile phone D Messen to receive the victim’s known body image by taking advantage of the fact that the victim’s intellectual disabled person could not easily refuse the Defendant’s request as the victim’s victim’s intellectual disabled person, and sent the victim a text and image that causes sexual humiliation or aversion using a mobile phone for the purpose of inducing or meeting the Defendant’s sexual desire over 143 occasions from that time to 17:01 of the same month, as shown in the separate crime list from that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records of police with C;
1. Details of conversation and cell phone transmission photographs of the victim's cell phone;
1. Application of Acts and subordinate statutes to certificates of persons with disabilities and certificates of disability;
1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;